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(영문) 서울중앙지방법원 2019.06.12 2018가합553835
근저당권말소
Text

1.With respect to D Co., Ltd. (former Trade Name: E),

A. Defendant B Co., Ltd. shall be listed in the separate sheet.

Reasons

1. Basic facts

A. On November 20, 2008, the instant loan C Co., Ltd. (hereinafter “C”) lent KRW 3.4 billion to D Co., Ltd. (hereinafter “D”) at the maturity of May 20, 2009, at the rate of 12% per annum, and at the rate of delay interest rate of 23% per annum. Thereafter, around May 2009, the repayment period of the instant loan was changed to November 20, 2009, at the rate of 11% per annum (hereinafter “instant loan”), and F jointly and severally guaranteed the instant loan obligation.

B. 1) C: (a) on November 21, 2008, each real estate listed in the separate sheet owned by D (hereinafter “instant real estate”) in order to secure the instant loan claims from D on November 21, 2008.

(1) On November 20, 2008, the Daejeon District Court rendered a registration of creation of a mortgage with respect to the establishment of a mortgage on November 21, 2008 (hereinafter “the first priority mortgage”) under the Act No. 44445, Nov. 21, 2008 as the maximum debt amount of KRW 5,100,000,000, the debtor D and the mortgagee C (hereinafter “instant first priority mortgage”).

(2) As to the instant real estate from D, the Plaintiff received, on November 21, 2008, the registration of the establishment of a collateral security (hereinafter “instant third-class collateral security”) with the maximum debt amount of KRW 1,350,000,000,000 from the Daejeon District Court Branch of the Daejeon District Court, as the receipt of No. 4446 on November 21, 2008, and the registration of the establishment of a collateral security (hereinafter “third-class collateral security”) composed of the obligor D and the Plaintiff as the mortgagee, as the receipt of the aforementioned support on February 11, 2009, respectively, with the maximum debt amount of KRW 2,00,000,000, the debtor D and the mortgagee as the Plaintiff as the mortgagee.

C. On November 3, 2009, C transferred 686,500,000 won out of some of the instant loans and the maximum debt amount of the first priority mortgage of this case to the Plaintiff. On November 4, 2009, the Plaintiff’s future supplementary registration of partial transfer of the right to collateral security on the ground of partial transfer of contract regarding the first priority mortgage of this case was completed. 2) C on December 31, 2010, Defendant B (hereinafter “Defendant B”).

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